From Casetext: Smarter Legal Research

United States v. Chavez-Ramirez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 883 (9th Cir. 2012)

Opinion

No. 12-10055 D.C. No. 1:09-cr-00050-SOM

10-16-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SUSAN CHAVEZ-RAMIREZ, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Hawaii

Susan Oki Mollway, Chief Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Susan Chavez-Ramirez appeals from the 158-month sentence imposed following her guilty-plea conviction for conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846; and possession with intent to distribute 500 grams or more of a substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Chavez-Ramirez contends that in granting a downward departure under 18 U.S.C. § 3553(e), the district court could have considered factors unrelated to her substantial assistance. This contention is foreclosed by United States v. Jackson, 577 F.3d 1032, 1036 (9th Cir. 2009). Contrary to Chavez-Ramirez's argument, Pepper v. United States, 131 S. Ct. 1229 (2011), does not permit us to disregard our precedent. See United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir. 2009).

Chavez-Ramirez also contends that the district court erred when it used the Guidelines range as the starting point for the departure. Even if the district court so erred, Chavez-Ramirez has not established a reasonable probability that she would have received a different sentence had the district court instead used the mandatory minimum sentence as the starting point. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).

AFFIRMED.


Summaries of

United States v. Chavez-Ramirez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 883 (9th Cir. 2012)
Case details for

United States v. Chavez-Ramirez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SUSAN CHAVEZ-RAMIREZ…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 883 (9th Cir. 2012)